This case has been cited 4 times or more.
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2013-09-11 |
REYES, J. |
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| Other than to say that the petitioner "unjustifiably failed and refused to pay the respondent," the trial court did not state in the body of its decision the factual or legal basis for its award of attorney's fees to the respondent, as required under Article 2208 of the New Civil Code, for which reason we have resolved to delete the same. The rule is settled that the trial court must state the factual, legal or equitable justification for its award of attorney's fees.[57] Indeed, the matter of attorney's fees cannot be stated only in the dispositive portion, but the reasons must be stated in the body of the court's decision.[58] This failure or oversight of the trial court cannot even be supplied by the CA. As concisely explained in Frias v. San Diego-Sison[59]:Article 2208 of the New Civil Code enumerates the instances where such may be awarded and, in all cases, it must be reasonable, just and equitable if the same were to be granted. Attorney's fees as part of damages are not meant to enrich the winning party at the expense of the losing litigant. They are not awarded every time a party prevails in a suit because of the policy that no premium should be placed on the right to litigate. The award of attorney's fees is the exception rather than the general rule. As such, it is necessary for the trial court to make findings of facts and law that would bring the case within the exception and justify the grant of such award. The matter of attorney's fees cannot be mentioned only in the dispositive portion of the decision. They must be clearly explained and justified by the trial court in the body of its decision. On appeal, the CA is precluded from supplementing the bases for awarding attorney's fees when the trial court failed to discuss in its Decision the reasons for awarding the same. Consequently, the award of attorney's fees should be deleted.[60] (Citations omitted) | |||||
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2012-11-21 |
CARPIO, J. |
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| Settled is the rule that the trial court must state the factual, legal or equitable justification for the award of attorney's fees.[27] The matter of attorney's fees cannot be stated only in the dispositive portion of the decision.[28] The body of the court's decision must state the reasons for the award of attorney's fees.[29] In Frias v. San Diego-Sison,[30] the Court held: Article 2208 of the New Civil Code enumerates the instances where such may be awarded and, in all cases, it must be reasonable, just and equitable if the same were to be granted. Attorney's fees as part of damages are not meant to enrich the winning party at the expense of the losing litigant. They are not awarded every time a party prevails in a suit because of the policy that no premium should be placed on the right to litigate. The award of attorney's fees is the exception rather than the general rule. As such, it is necessary for the trial court to make findings of facts and law that would bring the case within the exception and justify the grant of such award. The matter of attorney's fees cannot be mentioned only in the dispositive portion of the decision. They must be clearly explained and justified by the trial court in the body of its decision. On appeal, the CA is precluded from supplementing the bases for awarding attorney's fees when the trial court failed to discuss in its Decision the reasons for awarding the same. Consequently, the award of attorney's fees should be deleted. | |||||
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2010-02-05 |
CARPIO MORALES, J. |
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| The Court notes that respondent's witness-attorney-in-fact testified only on the existence of the lease agreement and unrealized income due to pre-termination. Since an award of moral damages is predicated on a categorical showing from the claimant that emotional and mental sufferings were actually experienced, absent any evidence thereon in the present case,[15] the award must be disallowed. And so too must the award of attorney's fees, absent an indication in the trial court's Decision of the factual basis thereof, the award having been merely stated in the dispositive portion.[16] Parenthetically, while respondent prayed in her complaint for the award of attorney's fees and testified during the trial that: Q: Now, in connection with the filing of this case and hiring your lawyer, do you have agreement with your counsel with respect to attorney's fees? | |||||
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2009-01-19 |
CHICO-NAZARIO, J. |
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| Article 2217 of the Civil Code provides that moral damages may be recovered if the party underwent physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation and similar injury. Respondent testified that she experienced sleepless nights and wounded feelings when petitioner refused to return the amount paid as interest despite her repeated demands. Hence, the award of moral damages is justified. However, its corresponding amount of P300,000.00, as fixed by the RTC and the Court of Appeals, is exorbitant and should be equitably reduced. Article 2216 of the Civil Code instructs that assessment of damages is left to the discretion of the court according to the circumstances of each case. This discretion is limited by the principle that the amount awarded should not be palpably excessive as to indicate that it was the result of prejudice or corruption on the part of the trial court.[40] To our mind, the amount of P150,000.00 as moral damages is fair, reasonable, and proportionate to the injury suffered by respondent. | |||||